Decision whether to lift PSU student's suspension to come right before classes start

WILLIAMSPORT - A suspended Penn State pre-med student might not know until the 11th hour whether he can begin classes Aug. 21 when the fall semester begins.

U.S. Middle District Judge Matthew W. Brann has promised a decision by the end of next week on whether to issue a temporary restraining order that would allow the student, identified only as John Doe, to register for classes.

Brann heard testimony over two days but Friday chose not to rule from the bench. Instead, he said he will issue an opinion and order.

Doe contends his due process rights were violated when a three-member Title IX panel found he violated the Student Code of Conduct by having nonconsensual sex with a coed who also is in the pre-med program.

He contests the panel's conclusion and denies he digitally penetrated her last Sept. 7 in her dorm room as she alleges. His appeal was denied June 27.

University police investigated the incident but no charges were filed.

Doe, who is from California, contends he has not had a meaningful way to confront or cross-examine his accuser, identified only as Jane Roe.

He also claims he did not get meaningful notice in writing of the charge against him until May 11. The university disputes this.

Penn State accuses Doe of seeking to use the court to re-litigate a student conduct result he does not like.

The university says it must be able to investigate allegations like those made by Roe, make a decision on responsibility and decide on the appropriate sanctions.

One of the issues raised by Doe, who testified during the court hearing, is that Roe claimed she had a medical examination after the alleged incident.

Katharina Matic, the senior Title IX compliant specialist who prepared the investigative report for the panel, testified she was not provided the results.

She said Roe was reluctant to provide a verbal or written account of the incident, but preferred to rely on reports she made to residence life and police.

Roe told police, according to the panel's report, that Doe had his hand on her leg, she pushed it away saying "no," he moved her shorts and underwear aside and penetrated her twice.

Matic denied it was her responsibility as the investigator to find support for any charges. It was to obtain information from both parties, put it into a report and submit it the Title IX panel, she testified.

Penn State in April 2016 changed its sexual misconduct disciplinary process after two Alpha Chi Rho Fraternity brothers challenged it.

The two students, known as John Doe 1 and 11, were acquitted of conduct code violations when subjected to the revised disciplinary procedure.

The disciplinary procedure was further modified in November in the midst of the investigation in the current case that resulted in Doe's suspension for the fall semester and ban from on-campus housing.

Penn State contends a one-semester suspension will not affect Doe's enrollment in the pre-med program with Thomas Jefferson University in Philadelphia.

He claims it will and unless his name is cleared he will have the lifetime stigma being labeled a violent sexual offender.

Doe, who had a 3.92 grade point average in the spring, will be a sophomore if his suspension is lifted.